Resolution 372A-1994
FILED F OR RECORD
Planninq Department
'94 IE 16 Pl :31
RESOLUTION NO. 372A-1994
DA.N~
Cl1\\ Rli}'SOLUTION OF THE MONROE COUNTY BOARD OF
~lQNR()cc5Mtt1~$$tdNERS AUTHORIZING THE MAYOR TO EXE-
CUTE, ON BEHALF OF MONROE COUNTY, FLORIDA, A
DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY,
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
AND TERRA COTTA REALTY, WHICH AGREEMENT
MAKES MONROE COUNTY A PARTY TO THE AGREE-
MENT, WHICH AGREEMENT ALLOWS THE DEVELOP-
MENT OF ELEVEN (11) LOTS ON PROPERTY DE-
SCRIBED AS GOVERNMENT LOT 2, SECTION 1 AND
GOVERNMENT LOT 5, SECTION 12, TOWNSHIP 59
SOUTH, RANGE 40 EAST, TALLAHASSEE MERIDIAN,
PUMPKIN KEY, MONROE COUNTY, FLORIDA,
WHEREAS, Terra Cotta Realty (herein 'the owner') is the
owner of real property described as Government Lot 2, Section 1,
and Government Lot 5, Section 12, Township 59 South, Range 40
East, Tallahassee Meridian, Pumpkin Key, Monroe County, Florida
(herein 'Pumpkin Key'); and
WHEREAS, subsequent to acquiring the property in 1973, the
owners secured State and Federal permits and extended utilities
to Pumpkin Key, leased bay bottom from the State of Florida,
constructed a dwelling unit on one of the sixteen residential
lots on the property and constructed tennis courts, pathways and
other
facilities,
investing
over
five
million
dollars
($5,000,000) in the project; and
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Pagel
WHEREAS, pursuant to the 1986 Comprehensive Plan, the
property was down-zoned to Offshore Island providing for one (1)
unit per ten (10) acres; and
WHEREAS, in 1989 a hearing officer of Monroe County recom-
mended to the Board of County Commissioners that they approve
the owner's application for vested rights to construct fifteen
(15) additional residential lots on Pumpkin Key without the neces-
sity of replatting or subdividing the property; and
WHEREAS, the Board of County Commissioners granted the
owner vested rights to construct fifteen (15) additional residen-
tial units in January 1990 under a declaration of subdivision in
Lieu of Platting; and
WHEREAS, the owner wishes to enter into a settlement agree-
ment (a copy of said agreement is attached hereto and incorporat-
ed by reference) with Monroe County and the Florida Department of
Community Affairs that will accord the owner flexibility in devel-
oping the property in exchange for the dedication of four (4)
interior lots as conservation areas, thus reducing the owner's
development rights by four (4) units; and
WHEREAS, after public notice, the Monroe County Planning
Commission conducted a public hearing on October 17, 1994, invit-
DAPUMPKN.11/TXTDR
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ed public comment, reviewed the revised development agreement,
and approved the settlement agreement; and
WHEREAS, after public notice, the Board of County Commis-
sioners conducted a public hearing on November 22, 1994, invited
public comment, review the revised development agreement, and
adopted the Planning Commission's Findings of Fact and Conclu-
sions of Law as stated in Planning Commission Resolution P63-94,
herein referenced as Exhibit #1;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSION-
ERS OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
adopts the Monroe County Planning Commission's Findings of Fact
and Conclusions of Law made in Resolution P63-94 and that approv-
al of the requests of the parties made therein would be in the
best interests of the citizens of Monroe County and we hereby
approve and adopt the development agreement between Monroe Coun-
ty, the Florida Department of Community Affairs, and Terra Cotta
Realty,
That the Mayor is hereby authorized to execute the develop-
ment agreement between Monroe County, the Florida Department of
DAPUMPKN.11/TXTDR
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Community Affairs, and Terra Cotta Realty, a copy of said agree-
ment is attached hereto and incorporated by reference; and
That the Monroe County Growth Management Division is hereby
directed to forward three certified copies of the agreement to
the Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of
NOVEMBER
, A.D., 1994.
Commissioner London YES
Commissioner Freeman YES
Commissioner Douglass YES
Commissioner Harvey YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
~~-F~
Mayor!Chai an
(SEAL)
#1.1~J~
Cler
.,
Attest: DANNY 1... KOLHAGE, Clerk
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